Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
AN armed robber serving five years in jail for raiding a residential flat in Bulawayo’s Central Business District and robbing a 59-year-old woman of R230, $70, US$3 and costume jewellery at gunpoint has approached the High Court seeking bail pending appeal.
Munyaradzi Mabigana (38) of Pumula East and his two unidentified accomplices stormed into Ms Kara Maya Pritam Kara’s home armed with a pistol.
They tied the woman’s hands with a string and shoved toilet paper into her mouth before ordering her to direct them to her bedroom where they allegedly robbed her of her money, necklace, gold ring, a wrist watch and a cellphone.
Mabigana was convicted by Bulawayo regional magistrate Mr Joseph Mabeza for armed robbery and possession of stolen property and sentenced to seven years in jail. Two years were however, conditionally suspended for five years.
Mabigana through his lawyers Sengweni Legal Practice has filed an application for bail pending appeal at the Bulawayo High Court citing the State as a respondent.
In his bail statement, Mabigana said the application has good prospects of success on appeal, arguing that evidence on record was showing an element of misdirection on the part of the trial magistrate.
“The trial court ignored the thrust that there was no evidence linking me to the crime in question.
“The complainant herself told the court that there was nothing which indicated that I was among the three robbers who pounced on her,” he argued.
Mabigana contended that the magistrate misdirected himself at law by imposing a harsh sentence.
He offered to pay $2 000 bail and to continue residing at his given address until the determination of his appeal. As part of the bail condition, Mabigana also offered to report once a week at Pumula Police Station.
The State, which is being represented by Mr Bruce Maphosa opposed the application, arguing there was no basis for the High Court to interfere with both conviction and sentence by the lower court.
He said the application had no prospects of success on appeal, arguing that Mabigana failed to proffer reasonable probable explanation as to why he was found in possession of a cellphone which belonged to the complainant.
According to court papers, it was stated that on August 29 last year at about 12.30PM, Ms Kara was at her home seated in the kitchen when Mabigana, who was in the company of his two accomplices who are still at large, stormed the house.
The complainant tried to scream, but one of the accused persons who was armed with a firearm, threatened to kill her.
They stashed some pieces of toilet paper into the complainant’s mouth and tied her hands using a string and force marched her to her bedroom while at the same time demanding money from her.
They took a Samsung cellphone and a gold necklace which the complainant was wearing. They ransacked the house and stole a handbag containing $70, R230, US$3.
They also opened a drawer and took a wrist watch and a gold ring.
Mabigana and his accomplices panicked and stormed out of the house after they heard the sound of an ambulance siren which was passing by. — @mashnets
Online Reporter